hussein mungi na wengineo dhidi ya mile solution co ltd na mwenzake 2022 tzhcld 698 6 julai 2022

hussein mungi na wengineo dhidi ya mile solution co ltd na mwenzake 2022 tzhcld 698 6 julai 2022

The applicants failed to satisfy the second and third criteria for grant of a temporary injunction. There was no sufficient evidence of irreparable loss that could not be compensated by monetary damages, as the respondent companies are Tanzanian entities with ongoing business and assets. The applicants also failed to show that the balance of convenience favoured them, as there was no proof that the respondents intended to dispose of the property in a manner that would frustrate any future award. Therefore, the application for a temporary injunction was dismissed for lack of merit.

Citation
hussein mungi na wengineo dhidi ya mile solution co ltd na mwenzake 2022 tzhcld 698 6 julai 2022
Parties
Applicant: Hussein Mungi; Applicant: Acky Charles; Applicant: Daniel Makundi; Applicant: Nelson Ainea Mkumbili; Applicant: Clement M. Masele; Applicant: Cleopa Swai; Applicant: Aniset Midala; Applicant: Damacent Michael; Applicant: Jonathan Joas Kabwoto; Applicant: Expery Shio; Applicant: Moses Maganga; Applicant: Ibrahim Sarumbo; Applicant: John Makas; Applicant: Mexon M. Kamuntu; Applicant: Fredy Ialele; Applicant: Juma Khamis Machaki; Applicant: Joseph Meena; Applicant: Petro Mpanda; Applicant: Umdati Mghem; Respondent: Mile Solution Co. Ltd; Respondent: Sigmax Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Labour Application / Ruling on Interlocutory Application for Temporary Injunction
Outcome
Application dismissed
Legal Topics
Temporary Injunctions, Employment Disputes, Interlocutory Relief
Source Language
English
Labour Law Civil Procedure Temporary Injunctions Employment Disputes Interlocutory Relief

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Parties

Hussein Mungi

Applicant

Acky Charles

Applicant

Daniel Makundi

Applicant

Nelson Ainea Mkumbili

Applicant

Clement M. Masele

Applicant

Cleopa Swai

Applicant

Aniset Midala

Applicant

Damacent Michael

Applicant

Jonathan Joas Kabwoto

Applicant

Expery Shio

Applicant

Moses Maganga

Applicant

Ibrahim Sarumbo

Applicant

John Makas

Applicant

Mexon M. Kamuntu

Applicant

Fredy Ialele

Applicant

Juma Khamis Machaki

Applicant

Joseph Meena

Applicant

Petro Mpanda

Applicant

Umdati Mghem

Applicant

Mile Solution Co. Ltd

Respondent

Sigmax Co. Ltd

Respondent

Procedural Posture

Labour Application / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicants have met the legal criteria for grant of a temporary injunction against the respondents regarding company property pending determination of the labour dispute

Ratio Decidendi

The applicants failed to satisfy the second and third criteria for grant of a temporary injunction. There was no sufficient evidence of irreparable loss that could not be compensated by monetary damages, as the respondent companies are Tanzanian entities with ongoing business and assets. The applicants also failed to show that the balance of convenience favoured them, as there was no proof that the respondents intended to dispose of the property in a manner that would frustrate any future award. Therefore, the application for a temporary injunction was dismissed for lack of merit.

Court Disposition

Application dismissed

Orders

  • Application for temporary injunction is dismissed for lack of merit.